SECTION 4.3 Biological Resources

4.3 BIOLOGICAL RESOURCES This section of the PEIR analyzes the potential environmental effects on biological resources from implementation of the proposed Specific Plan. No comment letters addressing biological resources were received in response to the Notice of Preparation (NOP) circulated for the proposed project. Data for this section were taken from a search of biological resources databases; a review of pertinent literature, photographs, and aerial imagery; and site visits to selected portions of the Specific Plan area. No site-specific biological surveys, vegetation mapping, special-status species protocol-level surveys, or wetland delineation surveys were conducted. Full reference-list entries for all cited materials are provided in Section 4.3.5 (References). The following provides a summarized list of the primary resources consulted for the preparation of this section: ■ Databases Calflora Plant Observation Library (Calflora 2011a) California Department of Fish and Game (CDFG) Natural Diversity Database (CDFG 2011a) California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2011) Consortium of California Herbaria (Consortium 2011) U.S. Department of Agriculture (USDA) Web Soil Survey (USDA 2011) U.S. Fish and Wildlife Service (USFWS) Critical Habitat Portal (USFWS 2011a) USFWS National Wetlands Inventory Wetlands Mapper (USFWS 2011c) ■ Literature Review CDFG State- and Federally Listed Endangered, Threatened, and Rare Plants of California (CDFG 2011b) CDFG Special Vascular Plants, Bryophytes, and Lichens List (CDFG 2011c) CDFG Special-Status Animals List (CDFG 2011d)

4.3.1 Environmental Setting

 Regional Context The Specific Plan area is located within the northeastern portion of the City of Laguna Niguel in southern Orange County. The general area also encompasses the cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Mission Viejo, and San Juan Capistrano, as well as unincorporated areas of Orange County. Located approximately 5 miles inland and northeast of the Pacific Ocean, the bioregion that defines the area is influenced by a coastal Mediterranean climate. The area‘s climate, coupled with coastal geological formations and land features, give rise to an array of habitat types and vegetation communities that are typical to coastal southern California. Grasslands, coastal sage scrub, chaparral, riparian woodlands and forests, and riverine and palustrine habitats contribute to the overall biological value and aesthetic appeal of the general area. Although past agricultural practices and urbanization have resulted in the conversion of land and development within much of the general area, there remains few larger blocks and linkages of undeveloped land that provide important habitat for plant and wildlife species that reside and migrate to and from the area.

Laguna Niguel Gateway Specific Plan PEIR 4.3-1 CHAPTER 4 Environmental Analysis

 Topography and Soils Topographic features not only provide for scenic viewsheds in a community, but also support the collection and delivery of important water resources, dictate the distribution of valuable habitat types, and aid in the facilitation of wildlife movement to and from important habitat areas. In general, the Specific Plan area is situated within a relatively narrow north-south trending corridor for the Oso Creek watershed. No major ridgeline features or mountain peaks characterize the Specific Plan area. The highest elevations occur within the western portions of the Specific Plan area at approximately 520 feet above mean sea level (amsl). The lowest elevations occur within the southern portions of the Specific Plan area at approximately 220 feet amsl. Two major water features occur within the Specific Plan area: Oso Creek and the Galivan Basin. Within the Specific Plan area, Oso Creek and the Galivan Basin are owned and maintained by the Orange County Flood Control District (OCFCD). The Galivan Basin is a man-made flood control feature located in the northern portions of the Specific Plan area that serves as an overflow and retarding basin for Oso Creek. A small, unnamed drainage feature runs through the Galivan Basin before discharging into Oso Creek. The Galivan Basin is actively maintained by OCFCD and therefore routinely disturbed and cleared of vegetation. An approximately 2.0-mile (11,000-linear-foot) reach of Oso Creek traverses the Specific Plan area, the entirety of which has been channelized and diverted from its natural course. Within the Specific Plan area, nearly all of Oso Creek is contained within a concrete channel, and depending upon flows and seasonal conditions, little or no vegetation occurs. Oso Creek is a blue-line stream and tributary water to Trabuco Creek, which occurs further to the south of the Specific Plan area, as depicted on the San Juan Capistrano, California USGS 7.5″ topographic quadrangle map. Trabuco Creek is a tributary water to San Juan Creek, which discharges into the Pacific Ocean approximately 6.0 river miles downstream of the Specific Plan area. The geology and soils associated with topographic features give way to varying habitat types and often provide unique safe havens for plants and animals with specific microhabitat requirements such as clay, shale, granite, and limestone pockets, rock outcrops, and cliff faces. In highly urbanized settings, such as the Specific Plan area, the native soils are often heavily disturbed and altered from their natural state. In most cases, urbanization has resulted in the cutting and filling of native soils for the placement of permanent developments. The underlying soils of the Specific Plan area consist of Capistrano Formation bedrock from late Miocene to early Pliocene age. Quaternary alluvium of Oso Creek and its tributaries overlie the bedrock. The Specific Plan area is mapped as being supported by eighteen separate soil map units. The dominant soil unit is Alo clay, which underlies roughly 50 percent of the Specific Plan area. Other soil units identified include various types of clay, loam, clay loam, sandy loam, loamy sand, cobbly sandy loam, and riverwash.

 Vegetation The vegetation mapping for this programmatic assessment takes a broad-based approach toward defining habitat types and vegetation communities that occur within the Specific Plan area. Vegetation communities have been defined based on overall dominance of trees, shrubs, and herbaceous plants that occur over relatively large areas, as determined by review of aerial imagery, relevant literature, photographs, and field visits to the Specific Plan area. As environmental conditions change and more

4.3-2 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources specific studies are conducted, deviations from the large-scale assessment may occur as specific data is collected, and more fine-scale mapping may reveal a greater diversity of habitat types. A total of five general vegetation communities or habitat types characterize the Specific Plan area. These include urban/developed, grassland, coastal sage scrub, riparian, and unvegetated channel. For general location of these communities within the Specific Plan area, refer to Figure 4.3-1 (Vegetation Communities). The names and definitions of vegetation communities are discussed below and are suggested based on general definitions provided by Holland (1986) and Sawyer and Keeler-Wolf (2009) natural communities classification systems.

Urban/Developed Urban/developed includes land that has been permanently altered due to the construction of aboveground developments such as buildings and roads. Urban/developed areas may include stands of nonnative vegetation planted for landscaping improvements, including ornamental tree- and shrub- vegetated slopes and rights-of-way and groundcover-vegetated parks. Nonnative species typical of urban/developed areas may include ornamental tree plantings such as pine (Pinus spp.), gum (Eucalyptus spp.), pepper (Schinus spp.), and palms (Arecaceae family), ornamental shrubs such as wattle (Acacia pycnantha, Acacia spp.), oleander (Nerium oleander), pittosporum (Pittosporum spp.), and tea tree (Leptospermum spp.), and nonnative groundcover species such as freeway ice plant (Carpobrotus edulis), crystalline ice plant (Mesembryanthemum crystallinum), and various turf grasses (Fescuta spp., Cynodon spp., Digitaria spp., Eremochloa spp., Zoysia spp.). Urban/developed land is the predominant land use or vegetation community within the Specific Plan area, generally occurring in the form of industrial and commercial developments, surface streets, arterials, and other infrastructure. Areas characterized by urban/developed land provide very limited biological function and value.

Grassland For the purposes of this assessment, grassland can be divided into two general categories: native grassland or nonnative grassland. The predominant native grassland type that is known to occur in the region is valley needlegrass grassland. Valley needlegrass grassland has been defined as supporting a vegetative cover that includes at least 10 percent coverage by native purple needlegrass (Nassella pulchra), with the remaining 90 percent comprised of other native and nonnative grasses and forbs (Sawyer and Keeler-Wolf 2009). Nonnative grassland, or annual grassland, is more prevalent and widespread in the region, and is described as a dense to sparse cover of nonnative annual grasses, often associated with numerous ruderal species and native annual forbs, especially in years with plentiful rain. Seed germination occurs with the onset of winter rains. Some plant growth occurs in winter, but most growth and flowering occurs in the spring. Plants then die in the summer, and persist as seeds in the uppermost layers of soil until the next rainy season. In addition to purple needlegrass, other native grasses typically found within valley needlegrass grasslands may include foothill needlegrass (Nassella lepida), California brome (Bromus carinatus var. carinatus), and California blue-eyed grass (Sisyrinchium bellum), among others. Native forbs may also be present such as fiddleneck (Amsinckia spp.), California poppy (Eschscholzia californica), popcorn flower (Plagiobothrys spp.), and phacelia (Phacelia spp.). Nonnative species typically found in both native and nonnative grassland habitats include grasses such as red brome (Bromus

Laguna Niguel Gateway Specific Plan PEIR 4.3-3 CHAPTER 4 Environmental Analysis madritensis ssp. rubens), ripgut (Bromus diandrus), soft chess (Bromus hordeaceus), cheat grass (Bromus tectorum), oats (Avena spp.), barleys (Hordeum spp.), and rattail fescue (Vulpia myuros), and forbs such as black mustard (Brassica nigra), shortpod mustard (Hirschfeldia incana), filaree (Erodium spp.), and sweet fennel (Foeniculum vulgare). Grassland occurs in patches on the east-facing slopes located north of Crown Valley Parkway and on the east and west side of Cabot Road, within Districts C, D, and J. Smaller, isolated patches of grassland also occur south of Crown Valley Parkway and adjacent to State Route 73 (SR-73) and Cabot Road. These patches are not likely to be comprised of native grassland due to the prevalence of nonnative grasses in the local area and historical land use disturbances, namely, past grazing activities. The patches on the slopes north of Crown Valley Parkway in the western portions of the Specific Plan area function as understory extensions to the sparse, isolated stands of remnant coastal sage scrub. Because the grassland areas represent some of the last remaining undeveloped land in the local area, they could provide foraging and dispersal habitat for wildlife species that reside or move through the area. However, the existing developments that surround them limit the potential for wildlife use and their overall biological function and value.

Coastal Sage Scrub Coastal sage scrub is a native scrub-type community that is widespread throughout the lower elevations of coastal southern California. For the purposes of this assessment, coastal sage scrub habitat has been defined to include elements of Diegan coastal sage scrub (Holland 1986) and California buckwheat scrub or Eriogonum fasciculatum alliance (Sawyer and Keeler-Wolf 2009). Coastal sage scrub vegetation typically consists of low-growing, drought-deciduous perennial and evergreen shrubs adapted to xeric sites supported by steep and gentle sloping topography with severely drained soils or clays that release stored soil moisture slowly. This scrub type may occur as a dense scrub-type community of scattered shrubs, sub-shrubs, and herbs generally less than 3 feet tall and often developing considerable cover. Typical stands in the bioregion are relatively dense and dominated by the native shrub, California sagebrush (Artemisia californica), with a sub-dominance of one or more native shrubs, and an herbaceous understory consisting of native and nonnative grasses, and annual forbs. Diagnostic species generally include California sagebrush, California buckwheat (Eriogonum fasciculatum), black sage (Salvia mellifera), white sage (Salvia apiana), laurel sumac (Malosma laurina), sticky monkeyflower (Mimulus auranticus), chaparral yucca (Yucca whipplei), and California aster (Corethrogyne filaginifolia), among others. This community is fire- adapted, with many constituent species being able to sprout new stems from remnant crowns after a burn. In southern California, this community typically intergrades with coastal dunes scrub and foredune habitats along the coast, and with grassland, chaparral, and oak woodland habitats at inland locales. Coastal sage scrub occurs as sparse stands within limited areas on the hillsides in the western portions of the Specific Plan area within Districts C and D. Some of the coastal sage scrub that exists within the Specific Plan area is not naturally occurring, and had been planted or hydroseeded as a result of previous developments for Cabot Road and SR-73. Within these areas, California buckwheat strongly dominates the vegetation composition, with other native shrubs such as coyote brush (Baccharis pilularis) and California sagebrush present in much lower densities. Pure stands of high-quality coastal sage scrub do not occur within the Specific Plan area; most of the scrub habitat is sparse and intergrades with the expansive grassland that dominates the undeveloped western portions of the Specific Plan area. Although

4.3-4 Laguna Niguel Gateway Specific Plan PEIR Cabot Rd

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Source: Google Earth Pro, basemap, 2011; Atkins, 2011. 0D2135400 | Figure 4.3-1 Vegetation Communities CHAPTER 4 Environmental Analysis

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4.3-6 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources historically this habitat may have been more widespread and higher quality, developments within Specific Plan area and vicinity have compromised the overall biological function and value of the habitat, and have limited the capacity for sensitive species to persist.

Riparian Riparian habitats are generally characterized by dense, broadleafed, evergreen sclerophyllous, and winter- deciduous riparian thickets of vegetation, typically dominated by several species of willow (Salix spp.), emergent cottonwood (Populus spp.), California sycamore (Platanus racemosa), and mulefat (Baccharis salicifolia). Riparian habitat within the Specific Plan area may include elements of mixed riparian woodland, southern willow scrub, and/or mule fat scrub (Holland 1986). Riparian habitats are found in a number of scenarios: within narrow ribbons along streambeds and washes that tend to dry out quickly after storm events; within areas characterized by loose, sandy, or fine gravelly alluvium deposits near stream channels exposed to flood flows; within intermittent stream channels with fairly coarse substrate, moderate depth to the water table, and maintained by frequent flooding or scouring; within low gradient stream reaches and seasonally flooded bottomlands supported by moist or saturated sandy or gravelly soils; within drier outer flood plains along perennial streams; or within or adjacent to the active stream channel and primary floodplain of intermittent or perennial streams. Many riparian systems support wetland habitats within and adjacent to their understory. In addition to the dominants discussed above, other species associated with riparian habitat in the region may include coyote bush, skunkbush (Rhus trilobata), poison oak (Toxicodendron diversilobum), mugwort (Artemisia douglasiana), docks (Rumex spp.), sedges (Carex spp.), rushes (Juncus spp.), and mustards (e.g., Brassica, Hirschfeldia, Rapa spp.), among others. Riparian habitat was formerly extensive along the major rivers of coastal southern California; however, urban expansion, agriculture, flood control, and channel improvements that have disrupted natural flow regimes have resulted in major reductions of this habitat. Within the Specific Plan area, riparian habitat occurs within very limited portions of Oso Creek and the Galivan Basin in the northern portion of the Specific Plan area, within Districts A and B. In addition, a small stand of this habitat occurs within Oso Creek in the central portion of the Specific Plan area, between Districts G and H. Much of the historical riparian habitat within the Specific Plan area has been removed as a result of the channelizing of Oso Creek and OCFCD maintenance. Dominant species within the few remnant stands include arroyo willow (Salix lasiolepis) and mulefat. The limited riparian habitat within the Area Plan is of relatively low biological function and value due to the small size of existing stands, isolation from larger better quality stands, adjacent developments, and disturbance.

Unvegetated Channel Unvegetated channel communities include concrete channels, unvegetated water retention ponds and manmade flood retention channels. Vegetation is absent or limited to temporary habitats growing on sediment deposits that are typically scoured away each rainy season. Within the Specific Plan area, unvegetated channel characterizes the majority of Oso Creek, and portions of the Galivan Basin. Due to the lack of vegetative cover, modified hydrology, unsuitable substrate, and disturbance, the unvegetated channel within the Specific Plan area provides relatively low biological function and value. These areas provide temporary foraging habitat (water source) and potential travel routes for common wildlife species.

Laguna Niguel Gateway Specific Plan PEIR 4.3-7 CHAPTER 4 Environmental Analysis

 Sensitive Biological Resources Sensitive biological resources are defined as the following: (1) vegetation communities that are unique, of relatively limited distribution, or of particular value to wildlife; and (2) species that have been given special recognition by federal or state agencies, or are included in regional conservation plans due to limited, declining, or threatened populations.

Sensitive Biological Resources Designations

Federal Federal listing of endangered and threatened wildlife and plants is administered under the federal Endangered Species Act (ESA) by the U.S. Fish and Wildlife Service (USFWS) for terrestrial and freshwater species, and by the National Marine Fisheries Service (NMFS) for marine and anadromous (i.e., fish species that migrate from the sea to freshwater to breed) species. Before a species can receive protection under the ESA, it must first be placed on the federal list. An ―endangered‖ species is defined as one that is in danger of extinction throughout all or a significant portion of its range. A ―threatened‖ species is one that is likely to become endangered in the foreseeable future. The USFWS and NMFS recognize species of concern that are candidates for listing. The USFWS also maintains a list of species of special concern for possible addition to the federal list but that are not currently regulated.

State California Department of Fish and Game (CDFG) implements the California Endangered Species Act. The CDFG maintains a list of designated endangered, threatened, and rare plant and animal species that are known to occur within California. Listed species are either designated under the Native Plant Protection Act or designated by the Fish and Game Commission. The CDFG also affords interim protection to candidate species while they are being reviewed for formal listing by the Fish and Game Commission. In addition, the CDFG maintains a list of ―Species of Special Concern,‖ most of which are species whose breeding population in California faces extinction. Sensitive natural communities are vegetation communities, associations, or sub-associations designated by the CDFG and/or California Native Plant Society (CNPS) that support concentrations of special-status plant or wildlife species, are of relatively limited distribution, or are of particular value to wildlife. The primary information source on the distribution of special-status species and sensitive natural communities in California is the California Natural Diversity Database (CNDDB) inventory, which is maintained by the Wildlife and Habitat Data Analysis Branch of the CDFG.

Special-Status Species

Plants Based on a list compiled through the CNDDB (CNDDB 2011) and other sources (CNPS 2011; Consortium 2011; BerkeleyMapper 2011; Calflora 2011a; CDFG 2011c, 2011d), a total of 10 special- status plant species have been reported in the vicinity (within approximately 5 miles) of the Specific Plan area (Table 4.3-1 [Special-Status Wildlife Species Known to Occur within the Project Vicinity]). None of the ten special-status plant species have been reported as occurring within the Specific Plan area.

4.3-8 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources

Table 4.3-1 Special-Status Wildlife Species Known to Occur within the Project Vicinity Species Status (Scientific Name Blooming Common Name) Federal State CNPS Preferred Habitat Life Form Period Atriplex coulteri Valley and foothill grassland, coastal dunes, coastal bluff scrub, coastal sage — — 1B.2 Perennial herb Mar–Oct Coulter’s saltbush scrub supported by alkaline or clay soils. Known Elevation Range: 5–1,510 feet Chaparral (openings), cismontane woodland, coastal scrub, playas, valley and Brodiaea filifolia Perennial FT SE 1B.1 foothill grasslands, and vernal pools supported by clay soils. Known Elevation Mar–Jun Thread-leaved brodiaea bulbiferous herb Range: 130–4,005 feet Calochortus weedii var. intermedius Coastal sage scrub, chaparral, and valley and foothill grassland supported by Perennial — — 1B.2 May–Jul Intermediate mariposa-lily rocky and calcareous soils. Known Elevation Range: 340–2,805 feet bulbiferous herb Chaenactis glabriuscula var. orcuttiana Coastal dunes and coastal bluff scrub supported by sandy soils. Known Elevation — — 1B.1 Annual herb Jan–Aug Orcutt’s pincushion Range: 5–330 feet. Dudleya multicaulis Openings in chaparral and coastal sage scrub, and valley and foothill grasslands, — — 1B.2 Perennial herb Apr–Jul Many-stemmed dudleya often supported by clay soils. Known Elevation Limits: 50–2,590 feet. Dudleya stolonifera Valley and foothill grassland, coastal sage scrub, chaparral and cismontane Perennial FT ST 1B.1 May–Jul Laguna Beach dudleya woodland at rocky locales. Known Elevation Range: 30–855 feet stoloniferous herb Euphorbia misera Coastal bluff scrub, coastal sage scrub, and Mojavean desert scrub at rocky — — 2.2 Perennial herb Dec–Aug Cliff spurge locales. Known Elevation Range: 30–1,640 feet Hemizonia (Centromadia) parryi ssp. Australis Margins of marshes and swamps, vernally mesic valley and foothill grasslands, — — 1B.1 Annual herb May–Nov Southern tarplant and vernal pools. Known Elevation Range: 0–1,395 feet Pentachaeta aurea ssp. allenii Openings in valley and foothill grasslands and coastal sage scrub. Known — — 1B.1 Annual herb Mar–Jun Allen’s pentachaeta Elevation Range: 245–1,710 feet Quercus dumosa Coastal sage scrub, chaparral, and closed-cone coniferous forest supported by Perennial — — 1B.1 Feb–Aug Nuttall’s scrub oak sandy or clay loam soils. Known Elevation Range: 45–1,315 feet evergreen shrub SOURCE: CDFG 2011a. CNPS 2011. Calflora 2011. Consortium 2011. The list of species in this table is based on database queries for areas within approximately 5 miles of the project site, including selected results from the San Juan Capistrano, Laguna Beach, Tustin, El Toro, Santiago Peak, Canada Gobernadora, San Clemente, and Dana Point, California USGS 7.5-Minute Quadrangles. Federal State California Native Plant Society (CNPS) FE = Federal Endangered SE = California Endangered 1A = Plants presumed extinct in California FT = Federal Threatened ST = California Threatened 1B = Plants rare, threatened, or endangered in California and elsewhere PE = Proposed Endangered SR = California Rare 2 = Plants rare, threatened, or endangered in California, but more common elsewhere PT = Proposed Threatened 3 = Plants in need of more information FC = Federal Candidate 4 = Plants of limited distribution x.1 = Seriously endangered in California (>80% of occurrences threatened or high degree and immediacy of threat) x.2 = Fairly endangered in California (20-80% of occurrences threatened) x.3 = Not very endangered in California (<20% of occurrences threatened or no current threats known)

Laguna Niguel Gateway Specific Plan PEIR 4.3-9 CHAPTER 4 Environmental Analysis

Based on a programmatic assessment, four of the ten special-status plant species were determined to have a potential to currently occur within Specific Plan area due to the presence of suitable soils and vegetation associations, and proximity to known occurrences. These species are described in further detail below.

Thread-Leaved Brodiaea Thread-leaved brodiaea (Brodiaea filifolia) is listed by the USFWS as federally threatened and by the CDFG as state endangered. It is also designated by the CNPS as a List 1B.1 species. This brodiaea occurs within grasslands, playas, and vernal pools, and openings of coastal sage scrub, chaparral, and cismontane woodland habitats that are supported by clay soils. Suitable grassland and open-canopy coastal sage scrub supported by clay soils for this species occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road.

Many-Stemmed Dudleya Many-stemmed dudleya (Dudleya multicaulis) is not federally or state listed as endangered or threatened, however is designated by the CNPS as a List 1B.2 species. This species occurs within grasslands and openings in chaparral and coastal sage scrub supported by clay soils and outcrops. Marginal grassland and open-canopy coastal sage scrub supported by clay soils for this species occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road.

Allen’s Pentachaeta Allen‘s pentachaeta (Pentachaeta aurea ssp. allenii) is not federally or state listed as endangered or threatened, however is designated by the CNPS as a List 1B.1 species. This species occurs within grasslands and coastal sage scrub. Marginal grassland and coastal sage scrub for this species occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road.

Southern Tarplant Southern tarplant (Hemizonia parryi ssp. australis) is not federally or state listed as endangered or threatened, however is designated by the CNPS as a List 1B.1 species. This species occurs within seasonally wet grasslands, vernal pools, and along the margins of marshes and swamps. Marginal habitat for this species occurs within the Galivan Basin in the northern portion of the Specific Plan area.

Wildlife Based on a list compiled through the CNDDB (CNDDB 2011) and other sources (CDFG 2009c, 2011d, 2011b), a total of nineteen special-status wildlife species are known to occur in the vicinity (within approximately 5 miles) of the Specific Plan area (Table 4.3-2 [Special-Status Wildlife Species Known to Occur within the Project Vicinity]). Two of the nineteen special-status wildlife species, arroyo chub (Gila orcuttii) and coastal California gnatcatcher (Polioptila californica californica), have been previously reported as occurring within the Specific Plan area. Based on a programmatic assessment, six of the nineteen special-status wildlife species, including the coastal California gnatcatcher, were determined to have a potential to currently occur

4.3-10 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources

Table 4.3-2 Special-Status Wildlife Species Known to Occur within the Project Vicinity Species Status (Scientific Name Common Name) Federal State Other Preferred Habitat Invertebrates Danaus plexippus — — — (Roost Sites) Wind protected tree groves (e.g., Eucalyptus) with nectar sources nearby. Monarch butterfly Fish Requires slow water stream sections with muddy or sandy bottoms. Feeds heavily on aquatic vegetation and associated Gila orcuttii — SSC — invertebrates. Native to streams from Malibu Creek to the San Luis Rey River basin. Introduced into streams in Santa Clara, Arroyo chub Ventura, and Santa Ynez River basins. Amphibians and Reptiles Permanent or nearly permanent fresh water habitats below 6,000 feet in elevation. Requires basking sites such as partially Actinemys marmorata pallida submerged logs, vegetation mats, or open mud banks. In lower elevations and latitudes, this species may be active at aquatic — SSC — Southwestern pond turtle sites year-round. Uses protected upland terrestrial sites near aquatic sites with appropriate slope aspect and soils for an oviposition site. Semi-arid regions near washes and intermittent streams characterized by valley and foothill riparian, desert riparian, desert wash, Anaxyrus californicus FE SSC — and other riparian habitats. Prefers rivers with unvegetated sandy banks and loose gravelly areas of streams for burrowing and Arroyo toad foraging. Aspidoscelis hyperythra Low elevation coastal sage scrub, chaparral, and valley and foothill hardwood habitats. Prefers washes and other sandy areas — SSC — Orange-throated whiptail with patches of brush and rocks. Requires habitats with perennial plants. Primary forage type is termites. Aspidoscelis tigris stejnegeri Sparse scrub-type habitats within deserts and semiarid areas. Also found within woodland and riparian habitats. Substrates may — WL — Coastal western whiptail be firm, sandy, or rocky. Crotalus ruber ruber Occurs from coastal areas to the eastern slopes of the mountains and in desert habitats. Occurs from sea level to 900 meters in — SSC — Northern red-diamond rattlesnake chaparral, woodland, and arid desert habitats in rocky areas and dense vegetation. Inhabits coastal sage scrub and chaparral in arid and semi-arid climate conditions. Also inhabits annual grassland, oak woodland, Phrynosoma coronatum (blainvillii riparian woodland, and coniferous forest. Requires loose fine soils with a high sand fraction for burrowing. Feeds primarily on population) — SSC — harvester ants, but also termites, beetles, flies, wasps, and grasshoppers. This species is unable to survive in habitats altered Coast (San Diego) horned lizard through urbanization, agriculture, off-road vehicle use, or flood control structures. Occurs within a wide variety of scrub-, woodland-, and grassland-type terrestrial habitats in coastal locales from Mendocino Taricha torosa torosa — SSC — County south to San Diego County. Breeding habitat consists of reservoirs, ponds, and slow moving streams. Adults will migrate Coast range newt over 1.0 kilometer from terrestrial sites to breeding sites. Thamnophis hammondii Coastal California from vicinity of Salinas to northwest Baja California. From sea to about 7,000 ft elevation. Highly aquatic, found — SSC — Two-striped garter snake in or near permanent fresh water. Often along streams with rocky beds and riparian growth.

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Table 4.3-2 Special-Status Wildlife Species Known to Occur within the Project Vicinity Species Status (Scientific Name Common Name) Federal State Other Preferred Habitat Birds Nesting habitat consists of protected emergent wetland and riparian habitats adjacent to open water including, lakes, ponds, slow Agelaius tricolor — SSC — moving streams, canals, sloughs and backwaters. Foraging areas support high density of insect prey. Highly colonial species that Tricolored blackbird is most abundant in the Central Valley and vicinity. Aimophila ruficeps canescens Nesting habitat includes steep, often rocky, hillsides characterized by grass and forb patches intermittent to sparse coastal sage Southern California rufous- — SSC — scrub and sparse mixed chaparral stands. crowned sparrow Campylorhynchus brunneicapillus sandiegensis — SSC — Requires tall Opuntia spp. cactus within coastal sage scrub for nesting and roosting. Coastal cactus wren Rolling foothills and valley margins characterized by scattered oaks. Also, river bottomlands or marshes adjacent to deciduous Elanus leucurus — SF — woodland. Forages in open grasslands, meadows, or marshes that occur adjacent to isolated, densely vegetated treetops used White-tailed kite for nesting and perching. Empidonax trallii extimus FE SE — Summer resident of dense riparian woodland and forest habitats. Southwestern willow flycatcher Icteria virens Summer resident within riparian thickets of Salix spp. and shrub tangles near watercourses. Nests within low, dense riparian — SSC — Yellow-breasted chat habitat consisting of Salix spp., Rubus spp., and Vitis spp. Forages and nests within 10 feet of the ground. Polioptila californica californica Coastal sage scrub on mesas, gently sloping areas, and along the lower slopes of the coast ranges. May also use chaparral, FT SSC — Coastal California gnatcatcher grassland, and riparian habitats. Summer resident of riparian habitat below 2,000 feet in elevation in vicinity of water or in dry river bottoms. Nests within habitat Vireo bellii pusillus FE SE — margins and intersecting riparian shrubs and trees along canopy pathways. Associated with Salix spp., Baccharis spp., and Least Bell’s vireo Prosopis spp. Mammals Eumops perotis californicus Occurs in a variety of open, semi-arid to arid, habitats, including conifer and deciduous woodlands, coastal sage scrub, — SSC — Western mastiff bat grasslands, and chaparral. Roost sites occur within crevices in cliff faces, high buildings, trees, and tunnels. SOURCE: CDFG 2011a. The list of species in this table is based on database queries for areas within approximately 5 miles of the project site, including selected results from the San Juan Capistrano, Laguna Beach, Tustin, El Toro, Santiago Peak, Canada Gobernadora, San Clemente, and Dana Point, California USGS 7.5-Minute Quadrangles. Federal State Other FE = Federal Endangered SE = California Endangered — FT = Federal Threatened ST = California Threatened FC = Federal Candidate SF = California Fully Protected SSC = California Species of Special Concern WL = Watch List

4.3-12 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources within Specific Plan area due to the presence of suitable habitat and proximity to known occurrences. These species are described in further detail below.

Arroyo Chub The arroyo chub is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state species of special concern. This freshwater fish is resident to a number of southern California streams, and requires slow water stream sections with muddy or sandy bottoms. The report of arroyo chub within the Specific Plan area corresponds to a previously undisturbed section of Oso Creek, and dates back to 1975, with the record last updated in 1991 (CNDDB 2011). Since the construction of SR-73 and other developments, the section of Oso Creek that corresponds to the 1975 record has been channelized, and currently, no longer supports the habitat requirements for the arroyo chub. Due to channelization and lack of suitable substrate and other habitat requirements, this species is not likely to be present within the section of Oso Creek that traverses the Specific Plan area. The proposed project is not likely to result in any direct or indirect impacts to this species or its habitat.

Orange-Throated Whiptail The orange-throated whiptail (Aspidoscelis hyperythra) is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state species of special concern. This species occurs within low elevation coastal sage scrub, chaparral, and valley and foothill hardwood habitats, and prefers washes and other sandy areas with patches of brush and rocks. The presence of perennial plants and termites are part of this species‘ foraging requirements. Marginal coastal sage scrub habitat occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road that could be suitable for this species.

Coastal Western Whiptail The coastal western whiptail (Aspidoscelis tigris stejnegeri) is not federally or state listed as endangered or threatened, or currently provided any special designation by the CDFG. It has been assigned global and state heritage rankings and is currently a species for which additional information is required in order to assign a specific degree of rarity, threat, and endangerment status. This species generally occurs within sparse scrub-type habitats such as open-canopy coastal sage scrub and chaparral, in addition to woodland and riparian habitats. Suitable coastal sage scrub habitat occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road that could be suitable for this species.

Northern Red-Diamond Rattlesnake The northern red-diamond rattlesnake (Crotalus ruber ruber) is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state species of special concern. This species generally occurs in dense scrub, chaparral, woodland, and arid desert habitats, especially within areas supported by rocky substrates and boulder outcrops. Marginal coastal sage scrub habitat occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road that could be suitable for this species.

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Coastal California Gnatcatcher The coastal California gnatcatcher is listed by the USFWS as a federally threatened species and designated by the CDFG as a California state species of special concern. This species is a year-round resident of coastal sage scrub habitats in southern California generally below approximately 2,000 feet in elevation. The report of coastal California gnatcatcher presence within portions of the Specific Plan area dates back to 1980, with the species last seen in 2000, and the record last updated in 2003 (CNDDB 2011). Since 1980, this species was observed on several occasions in the western portions of the Specific Plan area, and specifically, within coastal sage scrub habitat located west of Cabot Road and south of Deputy Circle, toward to top of the east-facing slope for the Oso Valley. This species also has a potential to use other coastal sage scrub in the vicinity of Cabot Road for breeding, foraging, and dispersal habitat. The proposed Specific Plan includes plans for future development down toward the base of the east- facing slope abutting Cabot Road. Although no future developments would be expected to occur within the higher elevation areas reported as being occupied by the coastal California gnatcatcher, potential impacts to this species and its habitat could occur as a result of the removal of other coastal sage scrub located adjacent to Cabot Road, in addition to the placement of developments in the immediate vicinity of potentially occupied habitat.

Least Bell’s Vireo The least Bell‘s vireo (Vireo bellii pusillus) is listed by the USFWS as a federally endangered species and by the CDFG as a California state endangered species. This species requires relatively dense stands of riparian scrub, woodland, and forest habitats for nesting, but may use sparser, isolated, and smaller riparian stands as temporary habitat during foraging, migration, and dispersal. No suitable nesting habitat is likely to occur within Specific Plan area for this species. Marginal riparian habitat occurs within very limited areas of the Specific Plan area that could provide temporary habitat for this species during migration and dispersal.

Southern California Rufous-Crowned Sparrow The southern California rufous-crowned sparrow (Aimophila ruficeps canescens) is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state species of special concern. This species occurs within sparse coastal sage scrub and mixed chaparral, and is often associated with hillsides characterized by grass and forb patches intermittent to shrub stands. Marginal coastal sage scrub habitat occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road that could be suitable for this species.

White-Tailed Kite The white-tailed kit (Elanus leucurus) is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state fully protected species. This species is most commonly observed foraging in open grasslands, meadows, or marshes that occur adjacent to isolated, densely vegetated treetops used for nesting and perching. It can occur within a variety of habitats, including river bottomlands or marshes adjacent to deciduous woodland, rolling foothills and valley margins characterized by scattered oaks. No suitable nesting habitat is likely to occur within Specific Plan area for

4.3-14 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources this species. Suitable grassland and coastal sage scrub occurs within limited areas of the western portions of the Specific Plan area surrounding Cabot Road that could provide foraging habitat for this species.

Western Mastiff Bat The western mastiff bat (Eumops perotis californicus) is not federally or state listed as endangered or threatened, however is designated by the CDFG as a California state species of special concern. This species can occur in a variety of open habitats in close proximity to roost sites, which can include suitable crevices in cliff faces, high buildings, trees, and tunnels. The Specific Plan area is not likely to support suitable habitat for the establishment of roost sites; however, this species may forage within the habitats associated with Oso Creek and the Galivan Basin, in addition to the grassland and open scrub the western portions of the Specific Plan area surrounding Cabot Road.

Sensitive Natural Communities Based on a list compiled through the CNDDB (CNDDB 2011; CDFG 2003), four sensitive natural communities are known to occur in the vicinity (within approximately 5 miles) of the Specific Plan area (Table 4.3-3 [Sensitive Natural Communities Known to Occur within the Project Vicinity]). None of these sensitive communities have been reported as occurring within the Specific Plan area. Based on a programmatic assessment, one of the four sensitive natural communities, valley needlegrass grassland, was determined to have a potential to occur within Specific Plan area. This native grassland community could occur as scattered patches within the east-facing slopes in the western portions of the Specific Plan area adjacent to Cabot Road.

Table 4.3-3 Sensitive Natural Communities Known to Occur within the Project Vicinity Natural Community Global Ranking State Ranking Southern Coast Live Oak Riparian Forest G4 S4 Southern Cottonwood Willow Riparian Forest G3 S3.2 Southern Mixed Riparian Forest G2 S2.1 Valley Needlegrass Grassland G1 S3.1 SOURCE: CDFG 2011a. The list of natural communities included in this table is based on database queries for areas within approximately 5 miles of the project site, including selected results from the San Juan Capistrano, Laguna Beach, Tustin, El Toro, Santiago Peak, Canada Gobernadora, San Clemente, and Dana Point, California USGS 7.5 Minute Quadrangles. Global Rankings State Rankings G1 = Less than 2,000 acres exist worldwide. S2.1 = Considered very threatened in California; approximately G2 = Approximately 2,000 to 10,000 acres exist worldwide. 2,000 to 10,000 acres exist statewide. G3 = Approximately 10,000 to 50,000 acres exist worldwide. S3.1 = Considered very threatened in California; approximately G4 = Community is secure worldwide, but factors exist to cause 10,000 to 50,000 acres exist statewide. some concern. S3.2 = Considered very threatened in California; approximately 10,000 to 50,000 acres exist statewide. S4 = Community is secure statewide, but factors exist to cause some concern.

Wildlife Corridors and Linkages Wildlife corridors link areas of habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates

Laguna Niguel Gateway Specific Plan PEIR 4.3-15 CHAPTER 4 Environmental Analysis isolated ―islands‖ of habitat, separating different populations of a single species. Corridors act as links between these ―islands‖ and populations, and represent a specific travel route that is used for movement and migration of species between constrained lands. A corridor may be different from a "linkage" because it may represent a smaller, narrower avenue for movement. Linkages are assemblages of connecting live-in habitats that support the movement of wildlife and genetic exchange. Wildlife corridors and linkages are perhaps most important in serving species that are mobile and migratory, or require large home ranges to carry out their life history requirements. No known wildlife corridors or linkages occur on or in the immediate vicinity of the Specific Plan area. The majority of the Specific Plan area is highly urbanized and does not contain any resources that would contribute to the assembly and function of any local or regional wildlife corridors or linkages. Oso Creek represents the only potential resource that could be used in facilitating the movement of wildlife through the Specific Plan area. Although the majority of Oso Creek is channelized within the Specific Plan area, common mammals such as coyote (Canis latrans), and to a lesser extent, bobcat (Lynx rufus), may use Oso Creek when moving to and from urban and natural habitats located in the Specific Plan area vicinity. Oso Creek may also facilitate dispersal and migration of amphibians and birds that are both resident and migratory to south Orange County. Common amphibians such as Pacific tree frog (Pseudacris regilla) and western toad (Bufo boreas) rely on seasonal water sources for larval dispersal and refuge, and birds such as song sparrow, lesser goldfinch (Carduelis psaltria), common yellowthroat, snowy egret (Egretta thula), and great blue heron (Ardea herodias), among others, may use Oso Creek as foraging habitat and a dispersal route. Due to its channelized nature and lack of continuous riparian habitat, Oso Creek does not function as a corridor or linkage for wildlife species that typically utilize riparian corridors as a travel route, or temporary or live-in habitat.

Jurisdictional Waters and Wetlands Jurisdictional waters and wetlands include resources under the regulatory jurisdiction of the U.S. Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act (CWA), the Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the CWA and state Porter-Cologne Water Quality Control Act, and the CDFG pursuant to Sections 1600 et seq. of the California Fish and Game Code. The most significant waterways within the Specific Plan area include Oso Creek and the Galivan Basin. In addition to intermittent and ephemeral surface water flows, these features support riparian habitat and likely support wetland conditions within limited areas. These features and their tributaries within the Specific Plan area would likely meet the criteria to be considered under the regulatory jurisdiction of the USACE, RWQCB, and/or CDFG.

4.3.2 Regulatory Framework

 Federal Federal Endangered Species Act (ESA) The U.S. Congress passed the federal ESA in 1973 to provide a means for conserving the ecosystems that endangered and threatened species require in order to prevent species extinctions. The federal ESA

4.3-16 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources has four major components: (1) Section 4, which provides for listing species and designating critical habitat; (2) Section 7, which requires federal agencies, in consultation with the USFWS, to ensure that their actions are not likely to jeopardize the continued existence of species or result in the modification or destruction of critical habitat; (3) Section 9, which prohibits against ―taking‖ listed species; and (4) Section 10, which provides for permitting incidental take of listed species. Under the federal ESA, the term ―take‖ is defined as ―to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct.‖ ―Critical habitat‖ is defined as "the specific areas within the geographic area occupied by a species on which are found those physical and biological features essential to the conservation of the species, and that may require special management considerations or protection; and specific areas outside the geographic area occupied by a species at the time it is listed, upon determination that such areas are essential for the conservation of the species.‖ Critical habitat has been designated for numerous species in the unincorporated County.

Migratory Bird Treaty Act (MBTA) The MBTA of 1918 (16 USC 703-711) implements an international treaty for the conservation and management of bird species that may migrate through more than one country. Enforced in the U.S. by the USFWS, the MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 CFR Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered a ―take‖ and is potentially punishable by fines and/or imprisonment. In 1972, the MBTA was amended to include protection for migratory birds of prey (raptors). Generally, applicants who obtain an ESA Section 10(a) permit simultaneously receive a three-year MBTA permit for ESA-listed migratory birds.

Federal Water Pollution Control Act (Clean Water Act) (1972) The Water Pollution Control Act, passed by Congress in 1948, authorized the Surgeon General of the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries and improving the sanitary condition of surface and underground waters. The Act was later amended to become the federal Water Pollution Control Act Amendments of 1972, commonly known as the Clean Water Act (CWA). The CWA was designed to restore and maintain the chemical, physical, and biological integrity of the waters of the U.S. and gave the EPA the authority to implement pollution control programs, including setting wastewater standards for industry and water quality standards for contaminants in surface waters. The EPA has delegated responsibility for implementation of portions of the CWA in California to the State Water Resources Control Board (SWRCB) and the RWQCB, including water quality control planning and control programs. The CWA also prohibits the discharge of any pollutants from a point source into navigable waters, except as allowed by permits issued under certain sections of the CWA. Specifically, Section 404 authorizes the USACE to issue permits for and regulate the discharge of dredged or fill materials into wetlands or other ―waters of the U.S.‖ Under the CWA and its implementing regulations, ―waters of the U.S.‖ are broadly defined as rivers, creeks, streams, and lakes extending to their headwaters, including adjacent wetlands. Further, Section 401 allows states to certify or deny federal permits or licenses that might result in a discharge to state waters, including wetlands. Section 401 certifications are issued by the

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RWQCB for activities requiring a federal permit or license that may result in the discharge of pollutants into waters of the U.S.

 State California Endangered Species Act The California Endangered Species Act (CESA) declares that deserving plant or animal species would be given protection by the state because they are of ecological, educational, historic, recreational, aesthetic, economic, and scientific value to the people of the state. CESA established that it is state policy to conserve, protect, restore, and enhance endangered species and their habitats. Under state law, plant and animal species may be formally designated rare, threatened, or endangered by official listing by the California Fish and Game Commission. Listed species are generally given greater attention during the land use planning process by local governments, public agencies, and landowners than are species that have not been listed. CESA authorizes that ―Private entities may take plant or wildlife species listed as endangered or threatened under the federal ESA and CESA, pursuant to a federal incidental take permit issued in accordance with Section 10 of the federal ESA, if the California Department of Fish and Game (CDFG) certifies that the incidental take statement or incidental take permit is consistent with CESA (California Fish and Game Code Section 2080.1(a)).

California Fish and Game Code California Fish and Game (CFG) Code Sections 1600 et seq. regulate the alteration of jurisdictional waters, which may include intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue- line streams, lakes, and watercourses with subsurface flows, and mandates that ―it is unlawful for any person to substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by the department, or use any material from the streambeds, without first notifying the department of such activity.‖ CDFG‘s jurisdiction includes ephemeral, intermittent, and perennial watercourses (including dry washes) characterized by (1) the presence of hydrophytic vegetation; (2) the location of definable bed and banks; and (3) the presence of existing fish or wildlife resources. Section 1602 of the CFG Code requires a Streambed Alteration Agreement for any activity that may alter the bed and/or bank of a stream, river, or channel. Typical activities that require a Streambed Alteration Agreement include excavation or fill placed within a channel, vegetation clearing, structures for diversion of water, installation of culverts and bridge supports, cofferdams for construction dewatering, and bank reinforcement. The state definition of ―lakes, rivers, and streams‖ includes all rivers or streams that flow at least periodically or permanently through a bed or channel with banks that support fish or other aquatic life, and watercourses with surface or subsurface flows that support or have supported riparian vegetation. Furthermore, CDFG jurisdiction is often extended to habitats adjacent to watercourses, such as oak woodlands in canyon bottoms or willow woodlands that function as part of the riparian system. Under the CDFG definition, a watercourse need not exhibit evidence of an ordinary high water mark (OHWM) to be claimed as jurisdiction. However, CDFG does not regulate isolated wetlands; that is, those that are not associated with a river, stream, or lake.

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Section 2081(b) and (c) of the CESA allows CDFG to issue an incidental take permit for a state-listed threatened and endangered species only if specific criteria are met. These criteria can be found in Title 14 CCR, Sections 783.4(a) and (b). No Section 2081(b) permit may authorize the take of ―fully protected‖ species. If a project is planned in an area where a fully protected species occurs, an applicant must design the project to avoid all take of the fully protected species; the CDFG cannot provide take authorization for fully protected species under CESA. No licenses or permits may be issued for take of fully protected species or parts thereof except for necessary scientific research. CFG Code Section 3511 lists fully protected bird species; Section 4700 lists fully protected mammal species; Section 5050 lists fully protected reptiles and amphibians; and, Section 5515 lists fully protected fish species. CFG Code Section 3503 makes it illegal to destroy any birds‘ nest or any birds‘ eggs that are protected under the MBTA. CFG Code Section 3503.5 further protects all birds in the orders Falconiformes and Strigiformes (birds of prey, such as hawks and owls) and their eggs and nests from any form of take. CFG Code Section 3505 makes it illegal to take, sell, or purchase any ―specified birds‖ under this Section, including any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such bird.

Native Plant Protection Act of 1977 The Native Plant Protection Act of 1977 and implementing regulations in Sections 1900 et seq. of the CFG Code designates rare and endangered plants, and provides specific protection measures for identified populations. It is administered by the CDFG.

California Native Plant Society Listings The California Native Plant Society (CNPS) is a California resource conservation organization that has developed an inventory of California‘s special-status plant species (Tibor 2001). This inventory summarizes information on the distribution, rarity, and endangerment of California‘s vascular plants. The inventory is divided into four lists based on the rarity of the species. A CNPS list species is assigned a status value by the CNPS based on rarity indices of List 1A, List 1B, List 2, List 3, or List 4, and a level of endangerment value for each rarity index of 0.1, 0.2, or 0.3. CNPS rarity indices of List 1A and levels of endangerment of 0.1 correspond to species of highest priority in protecting the resource from threatening or endangerment of extinction, whereas rarity indices of List 4 and levels of endangerment of 0.3 correspond to species of lowest priority in protecting the resource from threatening or endangerment of extinction. In addition, the CNPS provides an inventory of plant communities that are considered special status by the state and federal resource agencies, academic institutions, and various conservation groups. Determination of the level of sensitivity is based on the number and size of remaining occurrences as well as recognized threats.

Porter-Cologne Water Quality Control Act The Porter-Cologne Water Quality Control Act provides for statewide coordination of water quality regulations. The Act established the California SWRCB as the statewide authority and nine separate RWQCBs to oversee smaller regional areas within the state. The Act authorizes the SWRCB to adopt, review, and revise policies for all waters of the state (including both surface and ground waters); and directs the RWQCBs to develop regional Basin Plans. Section 13170 of the California Water Code also authorizes the SWRCB to adopt water quality control plans on its own initiative. The purpose of each

Laguna Niguel Gateway Specific Plan PEIR 4.3-19 CHAPTER 4 Environmental Analysis plan is to designate beneficial uses of the Region‘s surface and ground waters, designate water quality objectives for the reasonable protection of those uses, and establish an implementation plan to achieve the objectives.

 Local Laguna Niguel General Plan The Laguna Niguel General Plan establishes goals, policies, and programs that serve as a decision-making tool to guide future growth and development in the City.

Open Space Element Goal 5 Conservation of natural resource areas of community and regional significance. Policy 5.1 Conserve sensitive species and plant communities and wildlife habitats to the maximum extent feasible through open space dedication and easements, creative site design and other workable mitigation actions. Action 5.1.1 Evaluate impacts on sensitive species, such as the species identified by California Department of Fish and Game, U.S. Fish and Wildlife Service, the California Native Plant Society, and the California Natural Diversity Database, as part of the environmental review process on development projects. Action 5.1.2 Require replacement of valuable biological resources through enhancement or expansion of existing resources areas. Policy 5.2 Recognize Aliso Creek, Sulphur Creek, and Salt Creek as important open space resources and cooperate where feasible to enhance their conservation value. Action 5.2.1 Conduct a survey to identify specific sites suitable for wildlife habitat enhancement. Policy 5.3 Review the Plant Communities Map for all new development proposals. Action 5.3.1 Require development proposals in areas expected to contain important plant communities and wildlife habitat to provide detailed biological assessments. Action 5.3.2 Require mitigation for impacts to wildlife habitat to be provided within the City of Laguna Niguel, to the maximum extent feasible.

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Goal 6 Carefully review sensitive hillside areas within the community. Policy 6.1 Provide for the preservation of sensitive hillside and canyon areas in accordance with the City's Hillside Protection Ordinance. Policy 6.2 Consider significant natural features, including sensitive hillsides and ridgelines as part of the development review process. Action 6.2.1 Respect the natural landform as a part of site planning and architectural process to minimize grading and visual impact. Consistency Analysis The Specific Plan incorporates goals, objectives, and measures to enhance the conservation and protection of open space, including preserving existing undeveloped native habitats within the western slopes surrounding Cabot Road, as well as within Oso Creek and the Galivan Basin. Where the potential for sensitive species and habitat occurs, the Specific Plan and this PIER requires that future developments adhere to the project-level review processes identified for the City within the Open Space Element of the General Plan, including performing the appropriate biological studies, avoiding and minimizing potential project impacts, fully mitigating project impacts, and coordinating project-level reviews with the regulatory agencies. The Specific Plan also helps preserve sensitive hillside areas by designating them as Open Space where little to no new development will occur. As future development projects implemented under the Specific Plan would be required to perform site-specific studies for biological resources, and identify measures to minimize impacts to such resources, the proposed project would not conflict with the intent of the policies identified in the Open Space Element of the General Plan.

City of Laguna Niguel Municipal Code

Hillside Protection Municipal Code Section9-1-81 provides local regulations that protect hillsides from incompatible development, and preserve the natural terrain, quality environment, and aesthetic character while encouraging creative, innovative, and safe development.

Tree Preservation Municipal Code Sections 9-1-92.3(h) and 9-1-93.3(d) provide local regulations for tree preservation. New projects are to be designed to preserve existing trees to the greatest extent possible. Landscape, grading, and site plans should incorporate these trees into the overall project design, including measures to protect the existing trees during and after construction. Such measures are required to be clearly indicated in both preliminary and final construction drawings. In conjunction with such efforts, the applicant may be required to engage a properly credentialed arborist to submit evaluations and recommendations for saving, transplanting, or removing existing trees. If the decision-making authority determines that significant existing trees cannot be saved, it may require their replacement with new specimen-size trees having a cumulative trunk diameter of up to two times the cumulative trunk diameter of the trees to be removed. Trunk diameters shall be measured 3 feet above the base.

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4.3.3 Project Impacts and Mitigation

 Analytic Method The analysis of significant impacts is based on the database and literature review as outlined in the introduction of this chapter and provided by reference in Section 4.3.5. The criteria for determining significant impacts on biological resources were developed in accordance with CEQA Guidelines. CEQA Guidelines Section 15065(a) states that a project may have a significant effect on the environment if ―the project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare, or threatened species.‖ An evaluation of whether an impact on biological resources would be significant must consider both the resource itself and how that resource fits into a regional or local context. Significant impacts would be those that would diminish, or result in the loss of, an important biological resource or those that would obviously conflict with local, state, or federal resource conservation plans, goals, or regulations. Impacts are sometimes locally adverse, but not significant, because they would result in an adverse alteration of existing conditions, but they would not substantially diminish or result in the permanent loss of an important resource on a population- or region-wide basis.

 Thresholds of Significance The following thresholds of significance are based on Appendix G of the 2011 CEQA Guidelines. For purposes of this PEIR, implementation of the proposed project may have a significant adverse impact on biological resources if it would: ■ Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service ■ Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service ■ Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means ■ Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites ■ Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance ■ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan

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 Effects Found to Have No Impact

Threshold Would the proposed project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

The proposed project is not subject to any adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or any other approved local, regional, or state habitat conservation plans. The proposed project occurs within the boundaries of the Orange County Central and Coastal NCCP/HCP Subregion Plan; however, the City of Laguna Niguel is not a participant or permittee to this subregional plan, and is therefore not subject to the requirements of the plan. No portions of the Specific Plan area have been identified as proposed Reserve Areas for the Orange County Central and Coastal NCCP/HCP Subregion Plan, including Reserve, Special Linkage, Existing Use, Non- Reserve Open Space, or Policy Plan areas. Therefore, the proposed project would not conflict with any provisions related to such plans and would result in no impact. No further discussion of this effect is required.

Threshold Would the proposed project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

The Specific Plan area is located in an urbanized area of the City of Laguna Niguel and would occur primarily within urban/developed land. No known wildlife corridors or linkages occur on or in the immediate vicinity of the Specific Plan area. The majority of natural habitats have been removed and fragmented by urbanization within the Specific Plan area. Areas surrounding the immediate vicinity of the Specific Plan area are largely developed as well, and no portions of these adjacent areas act as a wildlife corridor, linkage, or nursery site for any wildlife species. Oso Creek represents the only potential resource that could be used in facilitating the movement of common wildlife through the Specific Plan area. Due to its channelized nature and lack of continuous riparian habitat, Oso Creek does not likely function as a corridor or linkage for wildlife species that typically utilize riparian corridors as a travel route, or temporary or live-in habitat. Implementation of the proposed Specific Plan would not adversely affect the continued function of Oso Creek as a travel route and corridor for common wildlife species, and therefore would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. No impact would occur and no further discussion of this effect is required.

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 Impacts and Mitigation Measures

Threshold Would the proposed project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

Impact 4.3-1 Implementation of the proposed project could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. This would be a potentially significant impact. Implementation of mitigation measures MM4.3-1 through MM4.3-4 would reduce this impact to a less-than- significant level. The proposed project would occur primarily within highly disturbed land that contains existing developments and is not suitable habitat for any candidate, sensitive, or special-status species. Approximately 115 acres or 37 percent of the Specific Plan area contains open space in the form of undeveloped land or natural and protected open space areas. Implementation of the Specific Plan would result in the majority of existing open space areas being left in a natural or undeveloped state because of their physical constraints. Where open space areas occur within the Specific Plan area, the proposed Specific Plan includes goals and policies for the avoidance, protection, and enhancement of existing biological resources. The Specific Plan policies pertain to careful site selection and sustainable land development. These policies require that office and/or multi-family residential buildings, parking areas, and other physical site improvements be located and designed to minimize grading and disruption of plant habitats, conform to natural slopes and topography, and maintain viewsheds from adjoining residential neighborhoods. The Specific Plan land development policies further promote the use of sustainable land development best practices depending on the size of the property and importance of the natural habitat. These may include opportunities for on-site stormwater detention and re-use with zero-net discharge into the City‘s storm drainage system, use of permeable paving surfaces, self-contained energy systems (solar, co-generation, etc.), wastewater recycling on-site, drought-tolerant landscapes, and so on. The Specific Plan policies, in combination with other federal, state, and local requirements, would ensure that potential impacts to special-status species and other sensitive resources resulting from future developments are minimized and/or avoided during project-level review. Suitable habitat for special-status species is restricted to limited areas of existing open space within the Specific Plan area. Limited portions of Oso Creek, the Galivan Basin, and land located north of Crown Valley Parkway on either side of Cabot Road contain undeveloped land that provides potential habitat for several special-status species known to occur in the general vicinity of the Specific Plan area. As such, based on a programmatic-level assessment, future developments proposed within the Specific Plan area could result in potential direct and indirect impacts to these special-status species, as described in further detail below.

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Future developments in the Specific Plan area could occur within or immediately adjacent to Oso Creek and the Galivan Basin that may support habitat that is suitable for special-status species. Oso Creek and the Galivan Basin are highly disturbed and frequently maintained in these areas; however, based on a programmatic assessment, portions may support wetland and riparian habitats that could be suitable for southern tarplant, least Bell‘s vireo, and western mastiff bat. Limited portions of the Specific Plan area contain grassland and native coastal sage scrub habitat that could be suitable for special-status species, including special-status plant species such as thread-leaved brodiaea, many-stemmed dudleya, and Allen‘s pentachaeta, and special-status wildlife species such as coastal California gnatcatcher, southern California rufous-crowned sparrow, white-tailed kite, orange- throated whiptail, coastal western whiptail, and northern red-diamond rattlesnake. Additionally, the grassland and coastal sage scrub that occurs within limited hillside areas of the Specific Plan area could be used as foraging habitat common raptors (birds of prey, such as hawks) that may occur in the vicinity of the site, such as red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), barn owl (Tyto alba), and great-horned owl (Bubo virginianus), in addition to sensitive raptors, such as the California state fully protected white-tailed kite, as described above. Through the proposed sustainable objectives, the project would minimize disruption of existing vegetation, and much of the existing foraging habitat will remain undeveloped. Potential impacts to raptor foraging habitat are anticipated to be less than significant on a local and regional scale, as additional foraging habitat occurs to the immediate northwest within the undeveloped land toward Rapid Falls Road, and further to the south of the site within the undeveloped slopes aligning the Salt Creek and Oso Creek/San Juan Creek drainages. Potential indirect impacts to special-status species and their habitat from construction of future projects could include those resulting from impaired water quality, fugitive dust, noise, and night lighting. Special- status species could be present within habitat adjacent to project sites during construction of future projects within the Specific Plan area. Indirect impacts resulting in potential adverse effects on special- status species and their habitat would be considered significant. While indirect impacts could result as part of the individual construction scenarios, future development allowed under the proposed Specific Plan would be subject to individual environmental clearance to ensure adequate review of potential impacts. Implementation of the mitigation measures identified in this PEIR in Sections 4.1 through 4.14, as well as compliance with existing local, state, and federal laws and policies would reduce potential indirect impacts resulting from impaired water quality, fugitive dust, noise, and night lighting. The following mitigation measures are designed to eliminate, or reduce to a level of less-than-significant, those potential significant impacts to special-status species caused by future development projects of the proposed Specific Plan, and which are capable of being feasibly eliminated or reduced to a level of less than significant. Implementation of mitigation measures MM4.3-1 through MM4.3-2 would reduce direct and indirect impacts to special-status species and their habitats to less-than-significant levels. MM4.3-1 Project-Level Biological Resource Surveys. During the design phase and prior to project approval by the decision-making authority, for projects on undeveloped land, or developed land immediately adjacent to potential habitat within the Specific Plan area, including Oso Creek or undeveloped hillside areas, the project applicant will retain a qualified biologist as determined

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appropriate and as approved by the City, to conduct project-level biological resources surveys and prepare biological resources technical reports. Where future development projects have the potential to impact special-status species and/or reduce or eliminate sensitive habitat, including but not limited to those special-status species and sensitive natural communities listed in Table 4.3-1 through Table 4.3-3, the project applicant shall conduct biological resources surveys of the project areas to characterize the extent and quality of habitat that would be impacted by project development. Surveys shall be conducted in accordance with current USFWS, CDFG, and CNPS survey protocols for the target species by qualified biologists. If no special-status species are determined to have the potential to occur, and the regulatory agencies agree with those findings, then no further mitigation will be required for special-status species. Similarly, if no sensitive habitats are determined to be present, and the regulatory agencies agree with those findings, then no further mitigation will be required. If the project-level surveys and reporting determine that special-status species could occur within the future project sites and/or could be adversely affected as a result of future project implementation, the appropriate presence/absence and protocol-level surveys will be conducted. The project applicant will retain a qualified biologist to conduct rare plant surveys for future projects determined to have the potential to affect special-status plant species. Further, the project applicant will retain a qualified biologist to conduct protocol-level surveys for future projects determined to have the potential to affect special-status wildlife species. Surveys will follow protocols and guidelines approved by the USFWS, CDFG, and CNPS, and will be conducted by qualified biologists permitted by the USFWS and/or CDFG, where applicable. MM4.3-2 Special-Status Species and Sensitive Habitat Mitigation. If sensitive species or habitats are documented on a specific site the following process shall be followed. The applicant has two options: (1) the applicant can obtain suitable replacement habitat and dedicate that property to the conservation and protection of sensitive species in perpetuity, or (2) the applicant can satisfy the requirements of the federal ESA and CESA under the consultation and permitting provisions of these regulations. In both of these options, the applicant shall first consult with the appropriate resource agency (CDFG and/or USFWS) and establish a mitigation plan for the specific species or habitat. Appropriate mitigation shall be identified in a mitigation plan prepared by the applicant. Mitigation can include, but not be limited to avoidance of sensitive species or habitat, on-site retention of habitat or compensatory habitat replacement. In this mitigation plan the applicant shall demonstrate capacity for funding appropriate mitigation and the mitigation must be legally assured. Habitat acquisition and set-asides shall occur in areas with long-term conservation potential. Any mitigation proposed shall be approved by the City and appropriate resource agency prior to implementation. MM4.3-1 through MM4.3-2 shall be implemented to mitigate for the impacts to sensitive species and their habitat. Successful implementation of these mitigation measures is expected to reduce the level of potential project-related impacts to sensitive species and their habitat to a less-than-significant level.

Nesting Birds Future development within all Districts could result in potential significant impacts to nesting bird species protected under the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFG Code) during the construction phase, including special-status species and raptors. The project would minimize disruption of existing vegetation, especially trees. However, it is likely that future developments would require the removal and trimming of existing trees and shrubs, or removal of

4.3-26 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources structures, that may provide nesting opportunities for bird species protected under the MBTA and CFG Code. Any impacts to nesting bird species in violation of the MBTA and CFG Code would be considered significant. In order to reduce potential impacts to species protected under the MBTA and CFG Code, mitigation measures MM4.3-3 and MM4.3-4, which entail pre-construction surveys and avoidance measures for nesting birds and raptors, shall be implemented prior to the onset of ground disturbance activities., and appropriate agency consultation. MM4.3-3 Avoidance of Nesting Raptors. To prevent impacts to nesting raptors protected under the MBTA and CFG Code, the project applicant will implement the following for all future projects resulting in the removal or trimming of vegetation or other habitat that is suitable for nesting birds: If future project construction cannot avoid the raptor nesting season (January 15 through July 31), the project applicant will retain a qualified biologist as approved by the City to conduct a pre-construction survey for nesting raptors prior to clearing, grading and/or construction activities on the project site. The survey will be conducted within 72 hours prior to the start of construction. A copy of the pre- construction survey shall be submitted to the City of Laguna Niguel. If any nesting raptors are present within or immediately adjacent to the proposed project construction area, the following will be required, as approved by the USFWS and/or CDFG: a. The project applicant will retain a qualified biologist to flag and demarcate the location of all nesting raptors and monitor construction activities. Temporary avoidance of active raptor nests, including the enforcement of an avoidance buffer of 500 feet will be required until the qualified biological monitor has verified that the young have fledged or the nest has otherwise become inactive. Documentation of the raptor surveys and any follow-up monitoring, as necessary, will be provided to USFWS and CDFG within 10 days of completing the final survey or monitoring event. b. In the unlikely event that a California fully protected species (e.g., white-tailed kite) is found to be nesting on the project site, all work in the area will stop and the project applicant will notify the CDFG and/or USFWS. No impacts will be permitted to occur to fully protected species. MM4.3-4 Avoidance of Nesting Birds. To prevent impacts to nesting birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFG Code), the project applicant will implement the following for all future projects resulting in the removal or trimming of vegetation or other habitat that is suitable for nesting birds: If construction of future projects on or within 250 feet of tree and shrub vegetation suitable for nesting birds cannot avoid the general nesting season (February 1 through August 31), the project applicant will retain a qualified biologist to conduct a pre-construction survey for nesting birds prior to clearing, grading and/or construction activities on the project site. The survey will be conducted within 72 hours prior to the start of construction. A copy of the pre-construction survey shall be submitted to the City of Laguna Niguel. If any nesting birds are present within or immediately adjacent to the proposed project construction area, the following will be required, as approved by the USFWS and/or CDFG: a. The project applicant will retain a qualified biologist to flag and demarcate the location of all nesting birds and monitor construction activities. Temporary avoidance of active bird nests, including the enforcement of an avoidance buffer of 25 to 250 feet, as determined by the qualified

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biological monitor, will be required until the qualified biological monitor has verified that the young have fledged or the nest has otherwise become inactive. Documentation of the nesting bird surveys and any follow-up monitoring, as necessary, will be provided to USFWS and CDFG within 10 days of completing the final survey or monitoring event. Implementation of mitigation measures MM4.3-3 and MM4.3-4 would require pre-construction surveys for nesting birds and raptors protected under the MBTA and CFG Code, and would include impact- avoidance measures to ensure that no impacts to these species or their nests occur. These measures would reduce this impact to a less-than-significant level.

Threshold Would the proposed project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

Impact 4.3-2 Implementation of the proposed project could have a substantial adverse effect on riparian habitat or other sensitive natural communities identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. This would be a potentially significant impact. Implementation of mitigation measures MM4.3-1 and MM4.3-2 would reduce this impact to a less-than- significant level. The Specific Plan area does not occur within any critical habitat proposed or designated by the USFWS; therefore, no impacts to any critical habitat would occur as a result of future development under the proposed Specific Plan. Additionally, no impacts to sensitive natural communities would be expected to occur as a result of future developments proposed within previously developed areas of the Specific Plan area. These areas are highly urbanized and do not contain sensitive natural communities. Future developments, including future Oso Creek trail improvements, could result in direct and/or indirect impacts to sensitive natural communities, including native grassland, coastal sage scrub, and/or riparian habitats within Oso Creek, the Galivan Basin, and land located adjacent to these features. Impacts to these sensitive natural communities would be considered significant, as further described below. The Specific Plan considers future passive and active recreation uses within the Galivan Basin area, including trail improvements and connection from Oso Creek to Cabot Road. Project-specific information as to the siting and design of future developments is not available at this time. Although it is anticipated that future developments would be contained within disturbed upland areas on the top of the west rim for the Galivan Basin, future construction of trail improvements and associated developments could occur within or immediately adjacent to habitat associated with Oso Creek, and down within the bed and banks of the Galivan Basin, such that direct impacts to riparian and wetland sensitive natural communities could occur. Additionally, future development may occur adjacent to Oso Creek, portions of which include earthen- lined areas that contain riparian vegetation and likely supports wetland conditions. Therefore, direct impacts to riparian and wetland sensitive natural communities could potentially occur.

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Additionally, construction of future developments could occur within areas that may contain native grassland patches and/or stands of coastal sage scrub. In addition to being upland sensitive natural communities, these habitats may support special-status species. The direct removal of these two upland sensitive natural communities would be considered significant. Implementation of mitigation measures MM4.3-1 and MM4.3-2 would address potential impacts to sensitive habitats within the Specific Plan area. These mitigation measures would require surveys to document sensitive habitat and would require either avoidance of sensitive habitat, retention of sensitive habitat onsite as feasible, or replacement habitat for areas of permanent loss. Thus, implementation of these mitigation measures and compliance with the requirements of the federal ESA and CESA would reduce potential impacts to sensitive habitat less than-significant level.

Threshold Would the proposed project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

Impact 4.3-3 Implementation of the proposed project could have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. This would be a potentially significant impact. Implementation of mitigation MM4.3-5 and MM4.3-6 would reduce this impact to a less-than- significant level. The proposed Specific Plan includes future improvements to the existing Oso Creek Trail that could result in impacts to jurisdictional resources associated with the Galivan Basin. Future development could also result in impacts to jurisdictional resources associated with the Galivan Basin, in addition to those associated with channelized and earthen-lined portions of Oso Creek. In addition, the new Multi-Use Trail and Pedestrian Bridge in the southern portions of the Specific Plan area could result in impacts to jurisdictional resources associated with Oso Creek. Any impacts to federally protected wetlands or other resources subject to the regulatory jurisdiction of the USACE, RWQCB, and/or CDFG would be significant. Future developments within the Specific Plan area would accommodate future passive and active recreation uses within the Galivan Basin area, including trail improvements and trail connection from Oso Creek to Cabot Road. Project-specific information as to the siting and design of future developments is not available at this time. These improvements may result in new developments and/or new discharges within or adjacent to Oso Creek and the Galivan Basin. Although it is anticipated that future developments would be contained within disturbed upland areas on the top of the west rim for the Galivan Basin, future construction of trail improvements and associated developments could occur within or immediately adjacent to resources associated with the Galivan Basin and/or Oso Creek subject to the regulatory jurisdiction of the USACE, RWQCB, and/or CDFG. Future projects within the Specific Plan area may result in new developments and/or new discharges within or adjacent to Oso Creek. Therefore, construction and operation of future infrastructure

Laguna Niguel Gateway Specific Plan PEIR 4.3-29 CHAPTER 4 Environmental Analysis developments could occur within or immediately adjacent to Oso Creek, such that direct impacts to areas subject to the regulatory jurisdiction of the USACE, RWQCB, and/or CDFG could occur. The proposed project includes future development for the Oso Creek Trail, including a new multi-use trail section and associated pedestrian bridge adjacent to District G. Project-specific information as to the siting and design of future developments is not available at this time. Depending upon the siting of trail, pedestrian bridge, and drainage improvement developments, these improvements may result in new developments and/or new discharges within the measurable streambed and banks of Oso Creek. Therefore, future construction of trail improvements and associated developments could result in direct impacts to USACE, RWQCB, and/or CDFG jurisdictional areas. Implementation of the following mitigation measures MM4.3-5 and MM4.3-6 would further reduce direct and indirect impacts to federally protected wetlands and other resources subject to the jurisdiction of the USACE, RWQCB, and/or CDFG resulting from future developments to less-than-significant levels. MM4.3-5 Jurisdictional Wetland Delineations. During the design phase and prior to the construction of future projects determined to affect potential jurisdictional resources associated with Oso Creek, the Galivan Basin, or their tributaries, the project applicant will retain a qualified biologist to conduct jurisdictional wetland delineations and prepare jurisdictional delineation reports. Wetland delineations will be conducted according to the methodologies and current regulatory guidance recommended by the USACE, RWQCB, and CDFG. The results of wetland delineations will be verified by the USACE during or prior to the permitting proposed below within mitigation measure MM4.3-6. MM4.3-6 Wetland Permits. Prior to construction of any future project that would result in potential impacts to jurisdictional waters and wetlands identified through implementation of mitigation measure MM4.3-5, the project applicant will obtain the required permits from the USACE, RWQCB, and CDFG, as specified below: ■ An application for a Nationwide or Individual Permit, depending upon the extent of impacts, will be submitted by the project applicant to the USACE pursuant to Section 404 of the CWA. If required and prior to the issuance of a grading permit, the project applicant will obtain a Nationwide or Individual Permit from the USACE for any impacts, temporary and permanent, to any areas within the proposed project which are determined to qualify as waters of the U.S. subject to USACE jurisdiction. ■ A Request for Water Quality Certification will be submitted by the project applicant to the RWQCB pursuant to Section 401 of the CWA. If required and prior to the issuance of a grading permit, the project applicant will obtain a Water Quality Certification from the RWQCB for discharges into waters of the state subject to RWQCB jurisdiction. ■ A Notification of Lake or Streambed Alteration will be submitted by the project applicant to the CDFG pursuant to CFG Code Section 1602. If required, a Streambed Alteration Agreement will be obtained from the CDFG for any impacts, temporary and permanent, to any areas within the proposed project which are determined to qualify as streambed and/or riparian subject to CDFG jurisdiction. In accordance with permit requirements, the project applicant will mitigate the loss of jurisdictional waters and wetlands through the implementation of the sensitive habitat measures proposed within measures MM4.3-1 and MM4.3-2.

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Threshold Would the proposed project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Impact 4.3-4 Implementation of the proposed project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy. This would be a less-than-significant impact. Municipal Code Section 9-1-81, Hillside Protection, provides local regulations that protect hillsides from incompatible development, and preserve the natural terrain, quality environment, and aesthetic character while encouraging creative, innovative, and safe development. Further, Municipal Code Sections 9-1-92.3(h) and 9-1-93.3(d) provide local regulations for tree preservation, requiring that the construction and design of new projects incorporate preservation measures to protect existing trees in place to the greatest extent possible. Consistent with the City‘s Hillside Protection Ordinance, the proposed project incorporates goals, objectives, and measures to contain future developments to lower elevation lands. Development within District C under the proposed Specific Plan will be restricted to lower elevations adjacent to Cabot Road. Higher elevation areas would remain in open space consistent with the City‘s hillside protection policies, general plan, and zoning code. In conforming with the City‘s hillside protection standards, development projects implemented under the proposed Specific Plan would further avoid and minimize potential impacts to sensitive natural communities (e.g., native grassland and coastal sage scrub) and associated special-status species (e.g., thread-leaved brodiaea and coastal California gnatcatcher) that may exist within these areas. Therefore, the proposed project would be consistent with applicable guidelines and regulations for the City‘s Hillside Protection Ordinance. Consistent with the City‘s tree preservation policies, the proposed project incorporates goals, objectives, and measures to preserve existing trees in place. Where removal of trees are required, future projects would replace and supplement existing tree resources to enhance the aesthetic quality and biological function and value of the areas. One of the future development goals of the proposed Specific Plan includes planting native trees along portions of Oso Creek that are currently channelized and lack vegetation. In addition to enhancing recreational experiences and providing a buffer for future developments, these plantings would provide new habitat along Oso Creek where none currently exists. All future projects in the City and under the Specific Plan are subject to the City‘s tree preservation requirements. The coordination, review, and permitting processes between the City and project applicant would ensure that existing tree resources are protected and/or compensated accordingly. Therefore, impacts to existing trees in the Specific Plan area would be less than significant.

4.3.4 Cumulative Impacts The geographic context for a discussion of cumulative impacts to biological resources is build-out of the City of Laguna Niguel General Plan. A cumulative impact analysis is provided only for those thresholds where a less-than-significant or significant and unavoidable impact was identified.

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Threshold Would the proposed project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

Laguna Niguel is a developed master-planned community, with a mix of commercial and residential development and supporting amenities such as parks, schools, and utilities and services. Over one-third of the City‘s total area (14.72 square miles) is designated open space. Nonetheless, development within the region has, over time, resulted in the removal of natural habitat, displacement of individuals, and populations of many species to drop below self-sustaining levels. These species have since been identified as candidate, sensitive, or special-status by the USFWS, CDFG, CNPS, and local and regional plans and policies. As indicated by their sensitive status, a significant cumulative impact has already occurred from the loss of sensitive species populations as a result of development of past and present projects in the highly urbanized cumulative setting, and future cumulative projects would also result in a significant cumulative impact. As discussed above for project-level Impact 4.3-1, implementation of the proposed Specific Plan could result in direct impacts to thread-leaved brodiaea, a federally threatened and state endangered plant species, in addition to the nonlisted rare plants, southern tarplant, many-stemmed dudleya, and Allen‘s pentachaeta. Further, implementation of the proposed Specific Plan could result in direct impacts to coastal California gnatcatcher, a federally threatened wildlife species, and the least Bell‘s vireo, a federally and state endangered wildlife species. In addition, direct impacts could occur to nonlisted California state species of special concern and sensitive wildlife species western mastiff bat, southern California rufous- crowned sparrow, orange-throated whiptail, coastal western whiptail, and northern red-diamond rattlesnake. Implementation of the Specific Plan could also have the potential to result in a variety of indirect impacts to special-status plant species and vegetation communities. Therefore, the Specific Plan could result in direct and indirect impacts to special-status wildlife species. However, with implementation of mitigation measures MM4.3-1 through MM4.3-4, the proposed project‘s direct and indirect impacts would be reduced to a level below significant and the proposed project‘s contribution to the regional impact would not be cumulatively considerable. Therefore, the cumulative impact of the proposed project would be less than significant.

Threshold Would the proposed project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

Past and present cumulative projects in the City of Laguna Niguel have resulted in development that caused the disturbance or direct loss of riparian habitat and sensitive natural communities that support sensitive plant and wildlife species. In combination, these impacts resulted in the loss or disturbance of habitat communities so that areas of these communities are no longer able to support viable populations of sensitive or characteristic plant and wildlife species. Due to their importance to biodiversity in the region, a significant cumulative impact would occur from the loss of riparian habitat and other sensitive natural communities as a result of development of the cumulative projects.

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As discussed above for project-level Impact 4.3-2, implementation of the proposed Specific Plan would result in direct impacts to native grassland, coastal sage scrub, riparian, and wetland habitat, which are considered sensitive communities by CDFG. Therefore, the proposed Specific Plan would result in a significant impact to these communities. However, with implementation of mitigation measures MM4.3-1 through MM4.3-6, the proposed Specific Plan‘s direct impacts would be reduced to a level below significant and the project‘s contribution to the regional impact would not be cumulatively considerable. Therefore, the cumulative impact of the proposed project would be less than significant.

Threshold Would the proposed project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

Past and present cumulative projects in the City of Laguna Niguel have resulted in development that caused substantial adverse effect on wetlands, waters, or riparian resources under the jurisdiction of the USACE, RWQCB, and/or CDFG through direct removal, filling, hydrological interruption, or other means. In combination, these impacts resulted in the loss or disturbance of wetland resources so that these resources are no longer able to support viable populations of characteristic species or perform hydrological and biological functions, which are considered a significant cumulative impact. As discussed above for project-level Impact 4.3-3, implementation of the proposed project could result in direct impacts to resources within Oso Creek and the Galivan Basin that are under the regulatory jurisdiction of the USACE, RWQCB, and/or CDFG. Additionally, indirect impacts to these resources could occur from construction and operation of the proposed project. Therefore, impacts to jurisdictional resources would be significant. However, with implementation of mitigation measures MM4.3-5 and MM4.3-6, the proposed project‘s direct and indirect impacts would be reduced to a level below significant and the project‘s contribution to the regional impact would not be cumulatively considerable. Therefore, the cumulative impact of the proposed project would be less than significant.

Threshold Would the proposed project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Similar to the proposed project, cumulative projects would be required to demonstrate compliance with the applicable General Plan and other local policies, such as the City‘s Hillside Protection Ordinance, as part of the CEQA process prior to project approval. Therefore, a significant cumulative impact would not occur. As discussed for project-level Impact 4.3-4, any future hillside development within the Specific Plan would comply with the City‘s Hillside Protection Ordinance. Therefore, with respect to this ordinance, the project would not contribute to the cumulative impact. Similarly, future development must comply with the City‘s tree protection policies, and impacts would be reduced to a less-than-significant level such that the project would not contribute to a significant cumulative impact.

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4.3.5 References American Ornithological Union (AOU). 2000. Forty-second Supplement to the American Ornithologists‘ Union Checklist of North American Birds. Calflora. 2011a. Calflora Plant Observation Library. Data provided by the participants of Calflora. Accessed on February 10, 2011. http://www.calflora.org/occ/ and http://www.calflora.org/cgi- bin/occform.cgi. ———. 2011b. Calflora What Grows Here. Data provided by the participants of Calflora. Accessed on February 10, 2011. http://www.calflora.org/app/wgh?page=entry. California Department of Fish and Game (CDFG). 2011a. Biogeographic Data Branch, California Natural Diversity Database (CNDDB), Rarefind Version 3.1.0. March 2011 data. ———. 2011b. State and Federally Listed Endangered, Threatened, and Rare Plants of California. California Department of Fish and Game, Natural Diversity Data Base. Sacramento, California. January. ———. 2011c. Special Vascular Plants, Bryophytes, and Lichens List. California Department of Fish and Game, Natural Diversity Data Base. Sacramento, California. January. ———. 2011d. Special Animals. California Department of Fish and Game, Natural Diversity Database. Sacramento, California. January. ———. 2008. Complete List of Amphibian, Reptile, Bird and Mammal Species in California. September. California Native Plant Society (CNPS). 2011. Inventory of Rare and Endangered Plants (v7-11 mar 3- 08-11). Data provided by the participants of CNPS. http://cnps.web.aplus.net/cgi- bin/inv/inventory.cgi (accessed on March 9, 2011). Consortium of California Herbaria (Consortium). 2011. Data provided by the participants of the Consortium of California Herbaria. Accessed on February 10, 2011. http://ucjeps.berkeley.edu. Crother, B.I. 2001. Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico, With Comments Regarding Confidence in Our Understanding. Society for the Study of Amphibians and Reptiles 29. 84 pp. Holland R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. 157pp. Jennings, M.R. 1983. An Annotated Checklist of the Amphibians and Reptiles of Southern California. California Department of Fish and Game. Number 69 (3): 151-171. Jepson Flora Project (Jepson). 2011. Jepson On-Line Interchange for California Floristics. Draft Second Edition of The Jepson Manual: Vascular Plants of California Information provided by the participants of the University and Jepson Herbaria, U.C. Berkeley, last updated October 1, 2009. http://ucjeps.berkeley.edu/interchange.html. Jones, J.K. 1992. Revised Checklist of North American Mammals North of Mexico. The Museum Texas Tech. University. Number 146. February. Laguna Niguel, City of. 1992. City of Laguna Niguel General Plan Environmental Impact Report- Final. June 18. ———. 1992. General Plan for the City of Laguna Niguel, Chapter 7- Seismic/Public Safety. August 4. ———. 1993. Municipal Code of City of Laguna Niguel, adopted November 2. http://library.municode.com/index.aspx?clientId=12544&stateId=5&stateName=California (accessed March 11, 2011). Munz, P.A. 1974. A Flora of Southern California. University of California Press. Berkeley, California.

4.3-34 Laguna Niguel Gateway Specific Plan PEIR SECTION 4.3 Biological Resources

Oberbauer, T. 1996. Terrestrial Vegetation Communities in San Diego County Based on Holland‘s Descriptions. San Diego Association of Governments, San Diego, California. 6 pp. Reiser, C.H. 1994. Rare Plants of San Diego County. Aquafir Press, Imperial Beach, CA. Abridged version available at http://sandiego.sierraclub.org/rareplants/ (accessed February 10, 2011). Stebbins, R.C. 2003. Field Guide to Western Reptiles and Amphibians. Houghton Mifflin Co., Boston. U.S. Department of Agriculture (USDA) Soil Survey Staff, Natural Resources Conservation Service. 2011. Web Soil Survey. Accessed February 10, 2011. http://websoilsurvey.nrcs.usda.gov. U.S. Fish and Wildlife Service (USFWS). 2000. Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for the Coastal California Gnatcatcher; Final Rule. October 24 2000. Final Rule. Federal Register 65: 63679–63743. ———. 2007. Revised Designation of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica californica); Final. December 19 2007. Final Rule. Federal Register 72: 72009–72213. ———. 2011a. Critical Habitat Portal. http://criticalhabitat.fws.gov/ (accessed on February 10, 2011). ———. 2011b. Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea); Final Rule. February 8, 2011. Final Rule. Federal Register 76: 6848–6925. ———. 2011c. National Wetlands Inventory. Accessed on February 10, 2011. http://www.fws.gov/wetlands. U.S. Geological Survey (USGS). 1981 (Photorevised Date). San Juan Capistrano, California 7.5-Minute Series (Topographic) Map.

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